What is H1-B?
Requirements to apply H1-B?
The H1-B Visa Process?
How long it will take to process H1B?
Check List for H-1B (Computer Professionals )?
What is an LCA (Labor Condition Application)?

What is H1-B?

The H-1B visa allows a professional worker from abroad to be employed by a U.S. employer (the Petitioner). The fundamental requirements for these positions are that the candidate possess the equivalent of at least a U.S. Bachelors Degree, as well as experience relevant to the position for which approval is sought. An H-1B employee may remain in the United States up to 6 years and no particular relationship between the prior employer abroad and the U.S. corporation is required. However, the employee must be licensed under his particular profession in the United States and corresponding state, unless it can be established that such licensure is not necessary.

Requirements to apply H1-B?

• U.S. Bachelors Degree or foreign equivalent
• (if degree is foreign) analysis by independent credentials evaluations service attesting that foreign degree is equivalent to U.S. Bachelors Degree
• Professional job offer which closely parallels the training and background of the particular employee
• Filing of a Labor Condition Attestation with the U.S. Department of Labor
• Prevailing wage survey conducting by the local state employment agency to protect the employer
• I-129H petition approved by INS

• A prerequisite of the H-1B visa is that the recipient must have a 4-year Bachelor's degree or equivalent and the position for which he/she is being hired must require such a degree.
• The Company's Recruiter gives an H-1B checklist to the worker to obtain all the necessary documentation required for filing the petition.
• Files Form ETA-9035 Labor Condition Attestation with the Regional Department of Labor (DOL) office.
• Prepares the Visa application and petition package. Files it at the appropriate Service Center, along with the DOL approved ETA- 9035.
• A Notice of Receipt or a Request for Additional Information is sent by INS. Often, the INS will find something unclear that must be explained in more clear terms. It may be something as simple as a small exclusion of data or the absence of a specific piece of evidence.
• The Notice of Approval is issued by the Regional INS. Once all evidence requirements have been satisfied, the INS approves the application and the H1-B status is approved.
• Once all of the above has been completed, one of several possibilities will occur:

a.) If the Worker is in status (no lapse in employment, or unlicensed practice), he/she can begin work immediately.
b.) If the Worker is not in status, but has a valid H-1B visa in passport, he/she must depart U.S., re-enter and a obtain new I-94 card at airport or border.
c.) If the Worker is not in status and has no valid H-1B visa in passport, he/she must depart U.S., obtain visa stamp at U.S. Consulate abroad, and obtain a new I-94 card at the airport upon re-entry.

It is important to note that the time frames vary so dramatically for each process steps, dependent upon state, DOL, and INS processing times, that an "average" time would be misleading.

Check List for H-1B (Computer Professionals )?

Needed information and/or documentation for the preparation and processing of the H-1B visa application:

1. Original Passport or notarized copy
2. Original I-94 Card or notarized copy (front and back)
3. Notarized copy of prior Notice of Approval of "H" status (I-797), if any.
4. Current resume including your employment history for the past six years (names, addresses, and exact dates of employment.) This is a necessity.
5. Original college/university degree and transcripts or notarized copy
6. Original or notarized copy of credentials evaluation, if applicable
7. 1996 W-2's, if any.
8. Most recent pay stub with your employer.
9. Present address
10. Foreign address
11. Day and evening telephone numbers
12. Social security number, if any
13. Copy of employment agreement
14. Description of job duties to be performed, including programming languages and processes used.
15. If you have any concerns regarding your spouse and/or children, please contact our office for further information.

A Labor Condition Application is used in H-1B applications. It is a document that must be certified by the Department of Labor which details the conditions of employment: the employer, occupation, rate of pay, prevailing wage (the lowest wage an employer can pay a foreign worker), and the location of the facility where the foreign worker will work, as well as statements a - d in section. 8 of the LCA:

• a. H-1B non immigrants will be paid at least the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupation in the same area of employment, whichever is higher.
• b. The employment of H-1B non immigrants will not adversely affect the working conditions of workers similarly employed in the area of intended employment.
• c. On the date this application is signed and submitted, there is not a strike, lockout or work stoppage in the course of a labor dispute in the occupation in which H-1B non immigrants will be employed at the place of employment. If such a strike or lockout occurs after this application is submitted, I will notify ETA within 3 days of the occurrence of such a strike or lockout and the application will not be used in support of petition filings with the INS for H-1B non immigrants to work in the same occupation at the place of employment until the ETA determines the strike or lockout has ceased.
• d. A copy of this application has been, or will be, provided to each H-1B nonimmigrant employed pursuant to this application, and, as of this date, notice of this application has been provided to workers employed in the occupation in which H-1B non immigrants will be employed.